LostInGCProcess
11-06 04:35 PM
My 485 (based on NIW) is pending. Based on the current bulletin, it could take years to approve my case. I currently work in the US using H1 visa. But I may need to travel outside the US for 1 year or even longer for business reason. Is there any way that I can not abadon my 485 pending status? Thanks!
You must change your AOS to CP. That way if your I485 is adjudicate while you are out of US, you could get the GC from the elected US consulate/embassy.
You must change your AOS to CP. That way if your I485 is adjudicate while you are out of US, you could get the GC from the elected US consulate/embassy.
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nixstor
01-05 12:26 PM
http://www.greatandhra.com/special/articles/green_wait.php
Greatandhra is pretty much a gossip site.
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Greatandhra is pretty much a gossip site.
I have written to bunch of movie websites in the past. It didnt work out. Some how they posted it now.
acecupid
07-16 12:42 PM
Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
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wandmaker
01-10 01:02 AM
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Your status is Parolee for 1,2 and 3
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Your status is Parolee for 1,2 and 3
more...
nousername
07-10 03:07 PM
Please update your profile..
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
invincibleasian
02-25 07:08 PM
Hi,
A couple of questions on the simaltaneous filing of I-140 and I-485
1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
A couple of questions on the simaltaneous filing of I-140 and I-485
1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
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fasterthanlight�
05-10 10:25 PM
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Macaca
09-14 12:00 PM
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485Question
10-25 11:56 AM
Please
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01-11 09:21 PM
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krishnam70
05-06 06:03 PM
Folks:
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
You never know with USCIS
1. Try and see if you can get a corrected Birth certificate with the correct names issued.
2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
7. Secondary evidence like - your educational transcripts that contain your father's name
8. Official identity cards( voter registration etc) that prove the same
basically any document that establishes the link
good luck
-cheers
kris
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
You never know with USCIS
1. Try and see if you can get a corrected Birth certificate with the correct names issued.
2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
7. Secondary evidence like - your educational transcripts that contain your father's name
8. Official identity cards( voter registration etc) that prove the same
basically any document that establishes the link
good luck
-cheers
kris
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mrajatish
08-08 12:33 PM
On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.
I think this issue is equally important in solving retrogression.
I think this issue is equally important in solving retrogression.
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India76
07-14 02:29 PM
Thanks for the reply...
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
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p7810456
06-18 08:10 AM
I am in the same boat. Could someone answer this question ? I am trying to get affidavit from parents and the header reads "Affidavit of <wife's name> (known as <wife's previous name> at the time of birth". Is that good enough? BC has her pre-marriage name but it got issues just last week.
Thx
BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.
Thx
BC should always have wife's maiden name.. and affidavits can have wife's current name!!! That works out very well... thats how I got it for my wife.
more...
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
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martinvisalaw
10-15 03:56 PM
The safest route is to have both the H-1B and the EAD, if the employer agrees to pay for all. If you just have an EAD and the 485 is denied for some reason, you have no work authorization. If you have the H-1B also, then you can continue to work on that.
The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.
The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.
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baires
08-31 10:38 PM
Does anybody know what the best consulates (preferably in Mexico) to go for H1B stamps are? I am getting my H1-B transfer approved in the next weeks and I want to go ahead and get the passport stamp in order to travel.
My first H1-B I went to Ciudad Juarez Mexico, and unfortunately I arrived the morning of 9/11/01, I was able to cross onto Juarez shortly after they closed down the borders.. Bad experience all in all. took 4 days longer to get back home to San Antonio and had to take a bus.
In 2004 I went to the consulate in Matamoros and it was the worst. They DID not have a record of me ever having made an appt for a visa stamp (even though I called and scheduled one) and again, the whole ordeal took 3 days too long.
Does anybody know any good consulates? I was told Monterrey Mexico is very good. Any suggestions appreciated.
Thanks
My first H1-B I went to Ciudad Juarez Mexico, and unfortunately I arrived the morning of 9/11/01, I was able to cross onto Juarez shortly after they closed down the borders.. Bad experience all in all. took 4 days longer to get back home to San Antonio and had to take a bus.
In 2004 I went to the consulate in Matamoros and it was the worst. They DID not have a record of me ever having made an appt for a visa stamp (even though I called and scheduled one) and again, the whole ordeal took 3 days too long.
Does anybody know any good consulates? I was told Monterrey Mexico is very good. Any suggestions appreciated.
Thanks
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ps57002
12-03 12:08 AM
I added my older H1b case too of Dec 01 (i hadn't added such old case to my portfolio..didn't see need) and that had a LUD of 10/13/07 maybe due to my submitted cases of 140/ead/ap/485. Those had a LUD on 10/16/07 with notice date of 10/12.
seems like some batch work was done on the 2004 cases today.
seems like some batch work was done on the 2004 cases today.
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psk79
05-28 12:27 AM
My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.
Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...
thanks.
Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...
thanks.
rajenk
04-02 02:10 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
PHANI_TAVVALA
02-12 07:25 PM
Restart the whole process starting with filing PERM-Labor. You need to reapply I-140 after this. You can recapture your priority date during I-485 filing.
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